Clary & Whaley v. Haines
Supreme Court of Georgia
Equity. Injunction. Attachment. Distress warrant. Judgments. Forthcoming bond. Illegality. Multifariousness. Parties. Amendment. Before Judge Harris. Wayne County. At Chambers.
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Equity. Injunction. Attachment. Distress warrant. Judgments. Forthcoming bond. Illegality. Multifariousness. Parties. Amendment. Before Judge Harris. Wayne County. At Chambers. Haines and Mitchell filed their bill against Clary & Whaley, making, in brief the following case : On the 19th day of June, 1875, Leonard George, constable of the 1255th district, G. M., of Wayne county, levied two j#. fas., issued from the justice court of said district, in favor of Clary & Whaley against D. T. Dunn, W. S. Blain, G. W. Haines and D. M. Mitchell, upon fourteen acres of land in Jessup, Ga., known as the…
1Opinion of the Court
Bleckley, Justice.
1,. Whether in attachment, or in distress for rent, the statutory bond is for the payment of the recovery, or condemnation money. Code, §§3319, 4083. A bond for the production of the property may be binding as a common law bond, but certainly no judgment upon it can be entered up in the main case, or without an action upon the bond. Here, this summary mode of taking judgment was pursued, and for that reason the judgments were void.
2. The sheriff having refused to receive a good ,and sufficient affidavit of illegality, was subject to be enjoined from making the sale. 47 Ga.,…
2Cases cited2 opinions
- Newton Manufacturing Co. v. WhiteSupreme Court of Georgia · 1872
- Van Dyke v. BesserSupreme Court of Georgia · 1866
3Cited by3 opinions
- Williams v. KennedySupreme Court of Georgia · 1910
- Simpson v. JonesSupreme Court of Georgia · 1936
- Lane v. JohnsonCourt of Appeals of Georgia · 1918